At the recently concluded 2014 Annual Meeting held in Los Angeles, California, EALG members enjoyed an afternoon seminar on international dispute resolution and practical issues on launching a hedge fund in the United States from attorneys associated with EALG host law firm member Palmer, Lombardi & Donohue LLP (“PLD”).
The International Dispute Resolution Seminar featured PLD invited speaker Steven K. Andersen of the International Centre for Dispute Resolution (ICDR). Mr. Anderson provided an overview of International Dispute Resolution Trends, including Global Rule Developments, an Update on ICDR Rule Changes; a Checklist of issues to address in drafting contractual international dispute resolution clauses; and current statistics regarding the use of global international arbitration as a dispute resolution mechanism. A copy of his presentation can be found through this link.
Palmer, Lombardi & Donohue LLP Partners Devin Donohue and Robert Ericson provided a presentation on legal issues that would be involved in an international arbitration arising in California between a client based outside of the United States and a large California-based company. Mr. Donohue discussed how an international commercial arbitration could arise in California for a client based outside of the U.S. and stressed the benefits of California as a venue. Regarding foreign lawyers attempting to participate as counsel in California-based international arbitrations, he explained the restrictions under California law. Mr. Ericson discussed litigation issues that may arise in the event of a litigation or arbitration matter arising in California. Topics that he discussed included “litigation holds” required to preserve evidence in anticipation of litigation; whether a legal proceeding can be removed to Federal court; whether a U.S. court will have jurisdiction over a non-U.S. client; whether the United States may present an inconvenient forum preventing litigation of a dispute in the United States; and whether arbitration in the United States may have some advantages over alternative forms and forums for dispute resolution. A copy of their presentation can be found through this link.
In a second seminar, Joseph Schuchert, a partner with Palmer, Lombardi & Donohue, provided attending EALG members with a presentation entitled U.S. Hedge Fund Launch – A Practical Perspective. Mr. Schuchert provided a high level look at the legal and practical issues faced by a U.S.-based hedge fund manager and its legal counsel. A copy of his presentation can be found through this link.